(a) The court may qualify the judgment terminating the surface and surface zone right of entry or occupation so as to provide for limited surface and surface zone easements that the lessee may continue to enjoy within the subject land.

(b) A judgment may be conditioned upon the relocation of pipelines, roadways, equipment, or lease facilities in such manner as will most effectively free the subject land for surface use while safeguarding continued oil and gas operations in a practical and economic manner. Any such condition of the judgment shall require the plaintiff to pay the costs of the relocation. However, the plaintiff shall be entitled to a setoff against the costs to the extent of any benefit to the lessee resulting from the installation of new equipment or material. The plaintiff has the burden of proving any benefit accruing to the lessee.

Terms Used In California Code of Civil Procedure 772.050

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Subject land: means that area occupied by the particular described surface and surface zone for which plaintiff seeks to terminate the leasehold right of entry and occupation. See California Code of Civil Procedure 772.020
  • Surface zone: means the zone which lies above a plane which is 500 feet below the surface of the land. See California Code of Civil Procedure 772.020
  • Will: includes codicil. See California Code of Civil Procedure 17

(Added by Stats. 1980, Ch. 44, Sec. 16.)

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